Sacramento Employment Lawyer | Arkady Itkin
Effective Representation In Employment and Wrongful Termination Cases for Workers and Businesses
CarlHR Case No.: 22-A-0037 is a classic example of misuse of AWOL termination statute by a public agency with regard to their employee. In that case, the employee was rightfully reinstated with backpay after being wrongfully AWOL separated. In the written decision overturning the termination, the ALJ noted that imposing unreasonably strict deadlines on the Read More …
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In Perez v City of Roseville (2018), the 9th Circuit Appeal held that public employers may not take adverse action against an employee due to that employee’s constitutionally protected off-duty conduct, unless the conduct negatively impacts job performance or violates a valid, narrowly tailored regulation. Among other things, the court held that it is unlawful Read More …
California public employees, including employees of state agencies, enjoy access to the expedited mechanism of resolving work related disputed and discipline imposed on them – a Skelly hearing. Skelly hearings are conducted for variety of disciplinary reasons. These reasons range from letters of reprimand and warnings to suspension or reduction in pay, administrative leave, AWOL Read More …
In this video I discuss a common mistake that many employees make during their Skelly hearing or SPB hearing that you must avoid in order to make the best impression on your hearing officer and maximize your chances of winning.
California Government Code 8547 is the core statute that provides for whistleblower protection against retaliation for the State workers in California. The law states that state employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retaliation. This law covers University of California Read More …
It is important to remember that while any kind of unpaid leave that your supervisor or “hiring authority” at a state / county agency may be able to provide, if you are a qualified employee with a disability or serious medical condition within the meaning of ADA / FEHA, you might be entitled to protected Read More …
As expansive as disability rights of California workers are, the right of qualifying disabled employees of California State agencies are even more broad that those of private sector employees. This is illustrated by the precedent decision of the State Personnel Board No. 00-07. In that case, the Board considered whether the employee of the DMV Read More …